2018 Publications

About: This volume includes an article-by-article analysis of key instruments in European and international labour law. It provides an invaluable resource for lawyers and scholars, offering insightful guidance on questions relating to the interpretation of legal texts; the case-law of the relevant international courts and commissions; and international scientific analysis of these legal instruments. The reader will find a quick systematic entry into the discussion thanks to the article-by-article approach.

The editors assembled an international team of more than 70 scientific specialists on international labour law instruments from a wide range of countries, most of them scholars in universities and other research institutes.
The book covers the whole field of labour law, ie fundamental questions, worker’s mobility, equality law, individual labour law, collective labour law and dispute resolution. Editors and authors have focused on European Union law, including all of the general labour law directives and regulations, as well as instruments with a wider scope insofar as they cover labour law, eg in the field of private international law or data protection. Furthermore, the book comprises analysis of the most relevant provisions of the European Convention on Human Rights, the European Social Charter and all the general labour law conventions from the ILO.

About: This new edition of Australia’s most comprehensive book on anti-discrimination law has been fully revised and updated, re-written and reformatted to enhance its accessibility. It continues to offer both a substantial text for a specialist audience, and a powerful critique of anti-discrimination law in Australia. The authors support their analysis and explanation of legislation and case law with carefully selected extracts from a broad range of decisions, law reform reports, and academic writers and commentators.

About: In Processes of Constitutional Decisionmaking, an extraordinary team of authors traces the historical, political, and social development of constitutional law. Students will consider constitutional questions in a broad historical context, with cutting-edge insights from contemporary scholars. This book has been updated to include all new developments in the field, and delivers strong chapters on the constitutional treatment of sex equality, race, civil rights, separation of powers, and federalism

About: Gender in Constitutional Law is a comprehensive three-volume collection of formative and influential scholarship in a dynamic area of legal development and social change. Compiling theoretical, empirical, and practical analyses from leading scholars, judges, and nongovernmental organizations around the world, these volumes are comparative and international in range, representative in content, and illuminating in depth. Particular attention is paid to intersectionality, culture, and custom. Mapped by an accessible, incisive introductory chapter, the collection provides basic sources and cutting-edge guidance in constitutional processes. The assembled curated works, together with the introduction, offer an invaluable cross-disciplinary research tool for generalists and specialists, scholars and practitioners, thinkers and activists, students, teachers, individuals and groups alike.

About: In this ambitious study, Anna K. Boucher and Justin Gest present a unique analysis of immigration governance across thirty countries. Relying on a database of immigration demographics in the world’s most important destinations, they present a novel taxonomy and an analysis of what drives different approaches to immigration policy over space and time. In an era defined by inequality, populism, and fears of international terrorism, they find that governments are converging toward a ‘Market Model’ that seeks immigrants for short-term labor with fewer outlets to citizenship – an approach that resembles the increasingly contingent nature of labor markets worldwide.

About: This topical book analyses the practice of negotiating constitutional demands by regional and dispersed national minorities in eight multinational systems. It considers the practices of cooperation and litigation between minority groups and central institutions in Australia, Britain, Canada, New Zealand, Italy, Spain, and the U.S. and includes an evaluation of the implications of the recent Catalan, Puerto Rican and Scottish referenda. Ultimately, the author shows that a flexible constitution combined with a versatile constitutional jurisprudence tends to foster institutional cooperation and the recognition of the pluralistic nature of modern states

About: Hotly contested, normality remains a powerful, complex category in contemporary law and culture. What is little realized are the ways in which disability underpins and shapes the operation of norms and the power dynamics of normalization.

This pioneering collection explores the place of law in political, social, scientific and biomedical developments relating to disability and other categories of ‘abnormality’. The contributors show how law produces cultural meanings, norms, representations, artefacts and expressions of disability, abnormality and normality, as well as how law responds to and is constituted by cultures of disability. The collection traverses a range of contemporary legal and political issues including human rights, mercy killing, reproductive technologies, hate crime, policing, immigration and disability housing. It also explores the impact and ongoing legacies of historical practices such as eugenics and deinstitutionalization.

Of interest to a wide range of scholars working on normality and law, the book also creates an opening for critical scholars and activists engaged with other marginalized and denigrated categories, notably contesting institutional violence in the context of settler colonialism, neoliberalism and imperialism, to engage more richly and politically with disability. This book was originally published as a special issue of the Continuum journal.

About: The stark reality is that throughout the world, women disproportionately live in poverty. This indicates that gender can both cause and perpetuate poverty, but this is a complex and cross-cutting relationship.The full enjoyment of human rights is routinely denied to women who live in poverty. How can human rights respond and alleviate gender-based poverty? This monograph closely examines the potential of equality and non-discrimination at international law to redress gender-based poverty. It offers a sophisticated assessment of how the international human rights treaties, specifically the Convention on the Elimination of Discrimination Against Women (CEDAW), which contains no obligations on poverty, can be interpreted and used to address gender-based poverty. An interpretation of CEDAW that incorporates the harms of gender-based poverty can spark a global dialogue. The book makes an important contribution to that dialogue, arguing that the CEDAW should serve as an authoritative international standard setting exercise that can activate international accountability mechanisms and inform the domestic interpretation of human rights.

About: Thousands of children from minority and disadvantaged groups will never cross the threshold of a classroom. What can human rights contribute to the struggle to ensure that every learner is able to access high quality education?

This brilliant interdisciplinary collection explores how a human rights perspective offers new insights and tools into the current obstacles to education. It examines the role of private actors, the need to hold states to account for the quality of education, how to strike a balance between religion, culture and education, the innovative responses needed to guarantee girls’ right to education and the role of courts.

This unique book draws together contributors who have been deeply involved in this field from both developing and developed countries which enriches the understanding and remedial approaches to tackle current obstacles to universal education.

About: Workers, Collectivism and the Law offers a captivating historical account of worker democracy, from its beginnings in European guild systems to present-day labor unions, across the national legal systems of Germany, Sweden, the United Kingdom and the United States. Analysing these legal systems in light of a Habermasian concept of participatory democracy, Laura Carlson identifies ways to strengthen individual employee voice in claims against employers.

Carlson highlights how employee voice and democracy, both collective and individual, assume different guises in each of these four labor law models. By tracing voice and democracy as components in the history of collective worker organizations, from guilds to journeymen associations to modern labor unions, Carlson demonstrates how history has shaped today’s national labor law models.

In the context of modern labor law’s central focus on human rights, Carlson articulates the need for stronger legal defence of mechanisms of transparency and procedural due process, to enhance voice and democracy for union members in invoking rights and asserting protections for workers.

This insightful book is indispensable reading for labor law academics and for those practicing in employment law, while those interested in the history of labor law will revel in its penetrating survey of the materials.

About: This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.

About: What are the factors that shape domestic violence policy change and how are variable gendered meanings produced in these policies? How and when can feminists influence policy making? What conditions and policy mechanisms lead to progressive change and which ones block it or lead to reversal?

The Gender Politics of Domestic Violence analyzes the emergence of gender equality sensitive domestic violence policy reforms in Central and Eastern Europe (CEE). Tracing policy developments in Eastern Europe from the beginning of 2000s, when domestic violence first emerged on policy agendas, until 2015, Andrea Krizsán and Conny Roggeband look into the contestation that takes place between women’s movements, states and actors opposing gender equality to explain the differences in gender equality sensitive policy outputs across the region.

They point to regionally specific patterns of feminist engagement with the state in which coalition-building between women’s organizations and establishing alliances with different state actors were critical for achieving gendered policy progress. In addition, they demonstrate how discursive contexts shaped by democratization frames and opposition to gender equality, led to differences in the politicization of gender equality, making gender friendly reforms more feasible in some countries than others.

About: In this collection of essays, originally presented at the Academy of European Law in Florence, the changing landscape of the EU’s legal acts is explored. Further to this, the changing boundaries between legal acts and processes which may create norms but do not create ‘law’ in the traditional sense are analysed.

This landscape is presented in two ways. Firstly, by focusing on the transformations and challenges to the EU’s traditional legal acts, in particular since the reconfiguration of the categories of legal acts and the procedures for which they are adopted by the Lisbon Treaty. Secondly, the collection focuses on those acts found at (or beyond) the margin of classic EU legal acts, including acts of Member States such as inter se treaties; self-regulation and collective agreements; so-called soft law; and decision-making outside the normal legislative procedures.

The volume endeavours to explain the adaptability of the EU legal order despite the fact that the legal instruments at the Union’s disposal have not fundamentally changed since the Treaty of Rome came into force 60 years ago. It explores the challenges that new decisional procedures and variations in the legal quality of EU acts pose for the EU’s legal order, including alterations to institutional balance and the roles of the different institutional actors and challenges to the rule of law.

About: Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.

About: Equality and Discrimination Law in Australia: An Introduction explores four decades of anti-discrimination laws in Australia. Beth Gaze and Belinda Smith argue that effective laws protecting against and deterring discrimination are vital for a fair future, and emphasise the theoretical and social contexts that underpin this area of the law. The text is divided into three sections: the first addresses the social and conceptual context, history and framework of anti-discrimination laws; the second analyses the main elements of the law and the processes of enforcement; and the third explores broader avenues for pursuing equality beyond simply prohibiting discrimination. Written in a clear and concise style, Equality and Discrimination Law in Australia: An Introduction is a vital resource for students.

About: The EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age.Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five ‘newer’ grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union’s ‘Garden of Earthly Delights’, it offers one of the highest standards of protection in comparative anti-discrimination law.

“Now more than ever, businesses have strong incentives to take seriously their responsibility to respect human rights. Human rights developments can spark stock price fluctuations, negative consumer attitudes and loud employee demands to take action. CEOs want to know how they should respond to human rights issues, and company directors are grappling with the same question in boardrooms across the world.
In developing their human rights policies and processes, companies have come to depend upon civic freedoms that enable civil society — citizens acting both individually and collectively — to reveal human rights impacts. Civic freedoms — including freedoms of expression, association, information and assembly — allow citizens to ask questions, express opinions, propose solutions to social problems, and press their own governments to keep commitments to protecting human rights.

The “Business Case for Civil Society,” explores reasons why it is in the best interest of companies to take action in support of civil society, especially when civil society is under pressure.

The report highlights eight arguments, backed by evidence, of the business case to support civil society:

About: Introduced in 2008, the UN Convention on the Rights of Persons with Disabilities has existed for nearly a decade. This comprehensive study examines how courts in thirteen different jurisdictions make use of the Convention. The first sustained comparative international law analysis of the CRPD, Waddington and Lawson’s ground breaking text illuminates the intersection between human rights law, disability law and international law through an examination of the role of courts. The first part of the book contains chapters specific to each jurisdiction. The second part consists of comparative chapters which draw on the rich analysis of the jurisdiction-specific chapters. These chapters reflect on emerging patterns of judicial usage and interpretation of the CRPD and on the wider implications for human rights theory and the nascent field of international comparative human rights law. This volume is a vital and thought-provoking addition to the literature on comparative international law and disability rights.